Common use of Contribution of Proceeds of Issuance of REIT Shares Clause in Contracts

Contribution of Proceeds of Issuance of REIT Shares. In connection with any issuance of New Securities or Company Debt Securities as described in Section 4.2, if the proceeds actually received by the Company are less than the gross proceeds of such issuance as a result of any underwriter’s discount or other expenses paid or incurred in connection with such issuance, then the Company shall be deemed to have made a Capital Contribution to the Partnership (directly or through wholly-owned Subsidiaries) in the amount equal to the sum of the net proceeds of such issuance plus the amount of such underwriter’s discount and other expenses paid by the Company (which discount and expense shall be treated as an expense for the benefit of the Partnership for purposes of Section 7.4). In the case of employee acquisitions of New Securities at a discount from fair market value or for no value in connection with a grant of New Securities, the amount of such discount representing compensation to the employee, as determined by the General Partner, shall be treated as an expense of the issuance of such New Securities.

Appears in 2 contracts

Samples: Agreement (DiamondRock Hospitality Co), Agreement (DiamondRock Hospitality Co)

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Contribution of Proceeds of Issuance of REIT Shares. In connection with any other issuance of New Securities or Company Debt Securities as described in pursuant to Section 4.2, the Company shall contribute to the Partnership any proceeds (or a portion thereof) raised in connection with such issuance; provided that if the proceeds actually received by the Company are less than the gross proceeds of such issuance as a result of any underwriter’s discount or other expenses paid or incurred in connection with such issuance, then the Company shall be deemed to have made a Capital Contribution to the Partnership (directly or through wholly-owned Subsidiaries) in the amount equal to the sum of the net proceeds of such issuance plus the amount of such underwriter’s discount and other expenses paid by the Company (which discount and expense shall be treated as an expense for the benefit of the Partnership for purposes of Section 7.4). In the case of employee acquisitions of New Securities at a discount from fair market value or for no value in connection with a grant of New Securities, the amount of such discount representing compensation to the employee, as determined by the General Partner, shall be treated as an expense of the issuance of such New Securities.

Appears in 1 contract

Samples: And Restated Agreement (Catellus Development Corp)

Contribution of Proceeds of Issuance of REIT Shares. In connection with any the issuance of New Securities pursuant to Section 4.2 hereof, the General Partner shall contribute to the Partnership any proceeds (or Company Debt Securities as described a portion thereof) raised in Section 4.2, connection with such issuance; provided that if the -------- ---- proceeds actually received by the Company General Partner are less than the gross proceeds of such issuance as a result of any underwriter’s 's discount or other expenses paid or incurred in connection with such issuance, then the Company General Partner shall be deemed to have made a Capital Contribution to the Partnership (directly or through wholly-owned Subsidiaries) in the amount equal to the sum of the net proceeds of such issuance plus the amount of such underwriter’s 's discount and other expenses paid by the Company General Partner (which discount and expense shall be treated as an expense for the benefit of the Partnership for purposes of Section 7.47.4 hereof). In the case of employee acquisitions of New Securities at a discount from fair market value or for no value in connection with a grant of New Securities, the amount of such discount representing compensation to the employee, as determined by the General Partner, shall be treated as an expense of the issuance of such New Securities.

Appears in 1 contract

Samples: Maryland Property Capital Trust Inc

Contribution of Proceeds of Issuance of REIT Shares. In connection with any issuance of REIT Shares or New Securities or Company Debt Securities as described in pursuant to Section 4.2, the Company shall contribute to the Partnership any proceeds (or a portion thereof) raised in connection with such issuance; provided that if the proceeds actually received by the Company are less than the gross proceeds of such issuance as a result of any underwriter’s 's discount or other expenses paid or incurred in connection with such issuance, then the Company shall be deemed to have made a Capital Contribution to the Partnership (directly or through wholly-owned Subsidiaries) in the amount equal to the sum of the net proceeds of such issuance plus the amount of such underwriter’s 's discount and other expenses paid by the Company (which discount and expense shall be treated as an expense for the benefit of the Partnership for purposes of Section 7.4). In the case of employee acquisitions purchases of New Securities at a discount from fair market value or for no value in connection with a grant of New Securitiesvalue, the amount of such discount representing compensation to the employee, as determined by the General Partner, shall be treated as an expense of the issuance of such New Securities.

Appears in 1 contract

Samples: Agreement (Vinings Investment Properties Trust/Ga)

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Contribution of Proceeds of Issuance of REIT Shares. In connection with any issuance of New Securities or Company Debt Securities as described in pursuant to Section 4.2, the Company shall contribute to the Partnership any proceeds (or a portion thereof) raised in connection with such issuance; provided that if the proceeds actually received by the Company are less than the gross proceeds of such issuance as a result of any underwriter’s 's discount or other expenses paid or incurred in connection with such issuance, then the Company shall be deemed to have made a Capital Contribution to the Partnership (directly or through wholly-owned Subsidiaries) in the amount equal to the sum of the net proceeds of such issuance plus the amount of such underwriter’s 's discount and other expenses paid by the Company (which discount and expense shall be treated as an expense for the benefit of the Partnership for purposes of Section 7.4). In the case of employee acquisitions of New Securities at a discount from fair market value or for no value in connection with a grant of New Securities, the amount of such discount representing compensation to the employee, as determined by the General Partner, shall be treated as an expense of the issuance of such New Securities.

Appears in 1 contract

Samples: Cornerstone Properties Inc

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